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FCRA Service Agreement and User Certification:
FCRA Service Agreement and User Certification
In compliance with the Fair Credit Reporting Act (“FCRA”) and applicable state laws, User hereby certifies to Coeus Global, LLC that it will comply with the following provisions:
1.	User agrees to pay Coeus Global, LLC according to the terms and conditions of the executed “Client Pricing Agreement.”
2.	User has access to consumer reports, defined as ANY report used to determine an individual’s eligibility, as outlined in the Fair Credit Reporting Act (FCRA), which includes employment (pre-employment, promotion, reassignment, termination, periodic background checks), tenant screening, volunteering and in use in connection with a financial transaction/extension of credit or the underwriting of insurance.
3.	Requesting a Consumer Report and/or Investigative Consumer Report for Employment Purposes. 
User certifies that a consumer report will not be requested for employment purposes unless:         
A.	A clear and conspicuous disclosure, in a document consisting solely of the disclosure, will be made in writing to the consumer. The disclosure will explain that a consumer report and/or investigative consumer report may be obtained for employment purposes, and will be presented to the consumer before the report is procured or caused to be procured. The disclosure will satisfy all requirements identified in Section 606(a)(1) of the FCRA.
B.	The consumer has authorized in writing the procurement of the report.
C.	If an Investigative Consumer Report is requested, the consumer must be notified in writing not later than three days after the date the report is requested.
1.	“A Summary of Your Rights Under the Fair Credit Reporting Act” must be provided in the format approved by the Federal Trade Commission. An initial copy will be provided by Coeus Global LLC.
2.	The consumer has the right to request the nature and scope of the investigation and the employer must respond in writing not later than five days after receiving the consumers request or from the date the investigation was first requested, whichever is the later.         
4.	Requirements upon a Pre-Adverse and Adverse Action/Decision
A.	User agrees that before taking adverse action (“Pre-Adverse Action”) and/or upon taking “Adverse Action” due to the contents in whole or part of the Consumer Report, it will provide to the consumer:         
1.	A copy of the Consumer Report.
2.	A copy of the “Summary of Your Rights Under the Fair Credit Reporting Act” in the format approved by the Federal Trade Commission. An initial copy of the summary will be provided by Coeus Global, LLC.
B.	Pre-Adverse Action and Adverse Action Notification:
1.     Must be in written, oral or electronic form.
2.     Must contain Coeus Global LLC’s  name, address, and phone number.
3.	Must advise the consumer of his/her right to obtain a free copy of the report within 60 days of the adverse action and to dispute 
the accuracy or completeness of the report.
5.	California Employers Only:  If an investigative consumer report is requested and the consumer checked the box on the authorization form signifying he/she wants a copy of the investigative consumer report when and if he/she is entitled to one under California law, then User hereby requests that a copy of the report be sent to the subject of the report unless the report is requested in connection with an investigation based upon suspicion of wrongdoing or misconduct by the consumer and Employer has notified you that a copy should not be provided to the consumer, in accordance with California Civil Code section 1786.16.
6.	User agrees that in information from the consumer report and/or investigative consumer report will not be used in violation of any applicable federal or state equal employment opportunity laws or regulations.
7.	User acknowledges that this entire procedure must be repeated before future reports on the individual are requested.
8.	User will hold the contents of the consumer report in strict confidence and use information only for purposes outlined in the disclosure.
9.	Failure to comply with FCRA requirements can result in state or federal enforcement actions, as well as private lawsuits. (Section 606, 617, 621). In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. (Section 619).
10.	Venue and Choice of Law.  Any claims arising from overdue invoices shall be interpreted according to California law and venue for enforcement of this Agreement shall be Tehama County, California.
11.	DISCLAIMER: While the information contained in the report or reports provided have been obtained from public records data sources deemed reliable, their accuracy cannot be guaranteed due to potential human error in the actual recording or retrieval of the record.  Furthermore, User agrees to indemnify Coeus Global, LLC, its sources, agents and employees for any liability incurred in the use of the information provided in the report or reports. User agrees and certifies that the ordering and use of the report or reports provided are in strict compliance with The Fair Credit Reporting Act, Public Law 91-508 and any other applicable state or federal laws. ©2009 Coeus Global, LLC.
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